Hygienic analysis of violations of sanitary and epidemiological requirements for working conditions in the field of "Mining" before and after the introduction of a risk-oriented model of control and supervisory activities (on the example of the Perm Region)

Author(s):  
Nina V. Zaitseva ◽  
Svetlana V. Klein ◽  
Ella V. Sedusova ◽  
Vitalii G. Kostarev ◽  
Vladimir M. Chigvintsev ◽  
...  

In the Russian Federation, "Mining" is a priority activity in the group "Activities in the field of industry and agriculture" for the potential risk of harm to health. The study aims to perform a hygienic analysis of violations of sanitary and epidemiological requirements for working conditions in the field of "Mining" (on the example of the Perm Region) before and after the introduction of a risk-oriented model of control and supervisory activities to manage risks to the health of the working population. Scientists performed a study according to the data of 49 inspection acts by the Rospotrebnadzor Department in the Perm Region to facilities operating in the field of "Mining," before and after the introduction of a risk-based approach (for the periods 2013-2016 and 2017-2019), using standard analysis methods. Implemented in practice in 2016, the risk-oriented approach to the control and supervision of working conditions provides for the attribution of the activities of a legal entity, an individual entrepreneur, and (or) production facilities used by them in the implementation of this activity to a particular risk category under MP 5.1.0116-17. The study used data from the Federal Register of economic entities (legal entities/sole proprietors) subject to sanitary and epidemiological supervision as of 2020; data from Rosstat and Permstat on the number of employees engaged in work with harmful and(or) dangerous working conditions, data from Rospotrebnadzor and the Department of Rospotrebnadzor in the Perm Region on occupational morbidity for 2019. The average number of violations of sanitary and epidemiological requirements to working conditions per year per economic entity in the field of Mining in the Perm Region since 2017 (since the introduction of the risk-based model of sanitary and epidemiological surveillance) has significantly decreased (p<0.05) from 62 violations (in 2013-2016) to 31 (in 2017-2019), mainly due to a significant 2.5-fold decrease in the number of breaches of the requirements of Federal Law No. 52-FZ per entity - from 30 violations to 12. In 2017-2019, the average number of violations of the requirements for working conditions per year per subject significantly decreased compared to 2013-2016 (p<0.05) due to a reduction in violations of the requirements for the maintenance of industrial and household premises (by 11.9 times). In the period 2017-2019, regarding 2013-2016, the contribution of violations under requirements for the maintenance of industrial and household premises, ventilation decreased by an average of 5.37 and 6.07 times, respectively, increased to overalls and PPE, production control by 3.16 and 1.67 times. The results obtained indicate that introducing a risk-based approach has led to a decrease in the number of violations of sanitary and epidemiological requirements for working conditions in the field of Mining in the Perm Region since 2017. As well as an increase in the overall structure of violations of the proportion of violations of requirements, non-compliance with which can lead to severe consequences for human health (increased the proportion of violations of requirements for overalls, PPE, working conditions with a PC, production control).

2021 ◽  
pp. 4-16
Author(s):  
N.V. Zaitseva ◽  
◽  
I.V. May ◽  
D.A. Kiryanov ◽  
S.V. Babina ◽  
...  

The paper dwells on methodical approaches that provide implementation of provisions fixed by the Federal Law No. 248 «On state control (surveillance) and municipal control on the Russian Federation» that comes into force on July 01, 2021. The Law has strengthened the significance of a risk-oriented model for control and stressed the necessity to assess surveillance efficiency as per criteria related to minimizing risks for protected values and to enhance digitalization and electronic communication between all the concerned parties in the sphere. Taking into account more specific list of objects that are subject to control fixed in the Law, we suggest a procedure for determining categories of health risks caused by specific industrial objects combined with determining a risk category for an economic activity performed by an economic entity. Risk is assessed as a combination of a probability that obligatory requirements are violated and severity of outcomes that result from such violations. The procedure allows optimal planning of control and surveillance activities regarding enterprises and organizations that perform their activities on multiple industrial sites (network companies, large holdings, etc.). We also considered an approach to creating dynamic risk-oriented checklists and suggested specific ranking for sanitary-epidemiologic requirements that were included into such checklists basing on frequency and history of violations that were committed by an object under surveillance regarding legislative requirements and risks that damage to health might occur due to such violations. The paper contains a description of methodical approaches to creating a statistic risk profile for an object under control. Creating a risk profile with mathematical procedures for data processing (including neural network modeling) allows achieving more qualitative risk detection, drawing up a maximum targeted program for a control activity, and operative reacting to types of violations that have not occurred previously. The paper describes a principle way for introducing forms and procedures for distance control into the sanitary-epidemiologic surveillance system. It is shown that efficient distance control should be based on digitalized documents required during control and surveillance activities; maximum possible use of data taken from state, municipal, and other data sources; intensified practices of remote hardware control; as well as development and scientific and methodical support provided for an intellectual information system within control and surveillance activities.


2021 ◽  
pp. 4-16
Author(s):  
N.V. Zaitseva ◽  
◽  
I.V. May ◽  
D.А. Kiryanov ◽  
S.V. Babina ◽  
...  

The paper dwells on methodical approaches that provide implementation of provisions fixed by the Federal Law No. 248 «On state control (surveillance) and municipal control on the Russian Federation» that comes into force on July 01, 2021. The Law has strengthened the significance of a risk-oriented model for control and stressed the necessity to assess surveillance efficiency as per criteria related to minimizing risks for protected values and to enhance digitalization and electronic communication between all the concerned parties in the sphere. Taking into account more specific list of objects that are subject to control fixed in the Law, we suggest a procedure for determining categories of health risks caused by specific industrial objects combined with determining a risk category for an economic activity performed by an economic entity. Risk is assessed as a combination of a probability that obligatory requirements are violated and severity of outcomes that result from such violations. The procedure allows optimal planning of control and surveillance activities regarding enterprises and organizations that perform their activities on multiple industrial sites (network companies, large holdings, etc.). We also considered an approach to creating dynamic risk-oriented checklists and suggested specific ranking for sanitary-epidemiologic requirements that were included into such checklists basing on frequency and history of violations that were committed by an object under surveillance regarding legislative requirements and risks that damage to health might occur due to such violations. The paper contains a description of methodical approaches to creating a statistic risk profile for an object under control. Creating a risk profile with mathematical procedures for data processing (including neural network modeling) allows achieving more qualitative risk detection, drawing up a maximum targeted program for a control activity, and operative reacting to types of violations that have not occurred previously. The paper describes a principle way for introducing forms and procedures for distance control into the sanitary-epidemiologic surveillance system. It is shown that efficient distance control should be based on digitalized documents required during control and surveillance activities; maximum possible use of data taken from state, municipal, and other data sources; intensified practices of remote hardware control; as well as development and scientific and methodical support provided for an intellectual information system within control and surveillance activities.


Author(s):  
F.V. Matveenkov ◽  
◽  
D.A. Tolstova ◽  
O.V. Masharova ◽  
O.V. Sachkova ◽  
...  

Risk-oriented approach in the implementation of control (supervision) activities is an important state task that affects the country economy. As part of the implementation of the priority area of reforming control and supervision activities, the Federal Law «On the state control (supervision) and municipal control in the Russian Federation» was adopted, which comes into force on July 1, 2021. In order to implement the Federal Law «On state control (supervision) and municipal control in the Russian Federation», it is advisable to revise the regulation on the federal state energy supervision. It is required to study the issue of taking into account the risks of causing harm (damage) to legally protected values when carrying out control (supervision) activities in relation to the subjects (objects) of the energy sector, as well as criteria for assigning it to the risk category and indicators of the risk of mandatory requirements violation. Currently, the only criterion for assigning the harm (damage) to the risk category is the dependence on the established and (or) transmitted capacity of the energy facilities used, which is nonobjective due to the changes in the normative-regulatory framework for the implementation of control and supervision activities. It is required to study the issue of categorization depending on the established (transmitted) capacity of the object, the amount of economic damage as a result of the implementation of emergency situations and (or) emergency incidents (in value terms), the number of people killed (irretrievable losses), the number of people whose vital functions were disrupted as a result of the implementation of emergency situations and (or) emergency incidents.


Author(s):  
V. V. Soloviev, ◽  
S. V. Yushkin ◽  
S. V. Maksimov*

The article examines the etymology and prehistory of the introduction of the institution of antimonopoly compliance in Russian business practice, the relationship of this institution with the institution of general compliance. The article considers the definition of the concept of antimonopoly compliance, enshrined in the new article 91 of the Federal Law "On Protection of Competition".The authors propose their own definition of the concept of antimonopoly compliance as an activity of an economic entity aimed at ensuring compliance with antimonopoly legislation by employees of an economic entity and an economic entity as a whole by preventing and suppressing violations of the requirements of such legislation and regulatory legal and law enforcement acts based on it.The authors also substantiate the advisability of developing a special national standard GOST R "System of internal compliance with the requirements of antimonopoly legislation (antimonopoly compliance system) of an economic entity".It is noted that the effectiveness of the antimonopoly compliance system will depend not only on the ability of an economic entity to form an antimonopoly compliance system on the basis of an appropriate national standard, but also on the state's ability to determine and guarantee effective incentives to comply with antimonopoly legislation.The authors substantiate the advisability of supplementing the Code of Administrative Offenses of the Russian Federation with provisions that provide for the obligation and limits to reduce the amount of punishment or replace the punishment with a softer one in the event of an anticompetitive administrative offense by a person who has implemented an effective system of antimonopoly compliance.


Author(s):  
Попова ◽  
G. Popova ◽  
Степин ◽  
Yu Stepin

The article considers terrorist acts on all kinds in the Russian Federation, the most vulnerable mode of transport. And also the comparison of the number of terrorist acts before and after the entry into force of the Federal law &#34;On transport security&#34;.


2019 ◽  
Vol 96 (4) ◽  
pp. 339-343 ◽  
Author(s):  
I. G. Eliovich ◽  
A. V. Meltser ◽  
I. Sh. Iakubova ◽  
P. R. Alloyarov ◽  
O. A. Istorik ◽  
...  

Introduction the aim of the study. The implementation of risk-oriented model organization of the control and supervision activities of Russian Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing with the assessment system of potential dangerous objects requires the creation of multiannual reliable database about the occupational working conditions which must include results of the production control for enterprises of all industries of the national economics of the Russian Federation. The aim of the study was to study the effectiveness of the use of the production control (PC) results of working conditions for the provision of sanitary - epidemiological wellbeing of the population. Material and methods. The study was conducted on materials of Russian Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing on the Leningrad region, Petrostat for 2009-2012. In analysis there were included software and PC results of working conditions in 420 industrial enterprises of various branches of the Leningrad region industry. To develop a regional model of PC program planning based on critical control points there was chosen the major refinery in the Leningrad region - Limited Liability Company “Production Association” Kirishinefteorgsintez “(LLC “PA “KINEF”). 3960 protocols of laboratory and instrumental investigation results of working conditions were made for the purpose of PC control on LLC “PA “Kinef” and 1921 protocols of PC results - on 420 industrial enterprises of the Leningrad region were analyzed. Results. The performed analysis revealed a number of problems to the application of PC results for the aim of working conditions optimization of employees, planning disease prevention program and the assessment of object’s sanitary-hygienic wellbeing. The method of critical control points (CCPs) in the planning of PC programs on the large industrial enterprises is proposed to use. On the example of “Kinef” there was shown the efficiency of the use of CCPs in order to optimize the PC programs. There was developed and implemented the regional model of the use of PC programs which allows to solve the problem of the significant increase of preventive orientation and efficiency of PC program at enterprises of all sectors of the national economy of the Russian Federation as an important element of the management of sanitary - epidemiological population wellbeing regarding to the maintenance of healthy and safe working conditions. Conclusions. Existing legal regulatory and methodological framework regulating the organization and performance of PC control and social - hygienic monitoring in the Russian Federation requires significant changes and additions what allow to increase the reliability of the objects classification on groups of sanitary-epidemiological wellbeing and to realize a risk-oriented approach to control and oversight activities.


Author(s):  
I. V. Bashlakov-Nikolaev

The article deals with the basis and conditions of administrative liability for abuse of a dominant position in the commodity market, provided for in article 14.31 of the Code of Administrative Offences of the Russian Federation (CAO RF). It is concluded that in establishing the dominant position of an economic entity in the commodity market, the Antimonopoly authority must establish the fulfillment of all the necessary conditions specified directly in the Federal Law on protection of competition (2006), and not only the conditions determined on the basis of the Order of the FAS of Russia dated 28.04.2010 № 220. The admissibility of qualification under art. 14.31 CAO RF of actions (inaction) of an economic entity only after receiving notification of the Antimonopoly authority of dominance is proved. Proposed and substantiated measures for increasing preventive orientation of antitrust regulation to all kinds of abuse by economic entities dominant position including fixing in antitrust Institute request on the proper behavior of the entity.


Author(s):  
Nadezhda Alekseevna Muldasheva ◽  
Liliya Kazymovna Karimova ◽  
Tatyana Kensarinovna Larionova ◽  
Elmira Radikovna Shaikhlislamova

The methodology for assessing occupational risks currently occupies a priority place in assessing the impact of production factors on the health of workers. The main sources of information for assessing the levels of occupational risks include data obtained in the course of state sanitary and epidemiological surveillance, a special assessment of working conditions and production control. To date, there is a need to harmonize legislation on a special assessment of working conditions and sanitary and hygienic requirements in terms of the list of factors of the working environment and the labor process subject to research and measurement. An adequate assessment of occupational risks is possible only on the basis of the use of consolidated databases on working conditions obtained from various sources.


Author(s):  
D.A. Proshlyakov

The article deals with theoretical and practical challenges posed by the temporal scope of Note 2 to Article 264, Criminal Code of the RF, which provides the definition of a person under the influence of alcohol. Regarding Article 264, Criminal Code of the RF, the author demonstrates the procedure for proving a driver was under the influence of alcohol before and after the enactment of the Federal Law № 528-FZ, dated 31 December 2014. Then, the author analyzes the extension of Note 2 of Article 264, Criminal Code of the RF, to crimes committed before the enactment of the Federal Law No 528-FZ, dated 31 December 2014, by the courts of general jurisdiction. The author argues that the judicial practice of extending this Note at the trials in the court of first instance, the court of appeals, and during the enforcement of sentences is controversial. While focusing on a theoretical distinction between substantive and procedural norms, the author concludes that Note 2 of Article 264, Criminal Code of the RF, should be considered as a criminal procedure norm. The author indicates the legal consequences of such consideration, subject to the provisions of Article 4, Criminal Procedure Code of the RF.


2020 ◽  
Vol 10 (1) ◽  
pp. 66-69
Author(s):  
Natalia Zhavoronkova ◽  
Vyacheslav Agafonov

The article is devoted to the study of modern theoretical and legal problems of ensuring biological security in the Arctic zone of the Russian Federation. The published Draft of Federal law No. 850485-7“On biological security of the Russian Federation”provides an opportunity to take a closer look at the problem of legal provision of biological security in relation to the most vulnerable ecosystems, and, first of all, the Arctic. The article considers the most important features and potential risks of the Arctic zone of the Russian Federation of critical importance from the point of view of biological hazards, the features (specificity) of biological safety problems from the point of view of organizational-legal features and, in particular, from the perspective of environmental law. It is proved that, given the special situation of the Arctic zone of the Russian Federation, in addition to the base Federal law“About biological safety” required a specific law on biological and ecological safety of the Arctic zone of the Russian Federation, which should be generated on a slightly different model than the draft Federal law «On biological safety”, to wear the most specific, applied nature.


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